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messa<;k  ov  the  president 


Rh  HMONo,  Va..  Fol).  21),  1863. 
To  thf  Ilowe  of  Reprcscntatirra  : 

I  herewitli  transmit,  for  your  information,  a  communication  from 
the  Secretary  of  War,  covering  a  report  from  the  Commissioner  of 
Indian  Affairs  in  response  to  your  resolution  of  the  6th  inst.,  in  re- 
gard to  sums  invested  or  funded  for  the  (I'herokee  Indians  under  the 
treaty  of  New   Echota. 

JEFFERSON  DAVIS. 


COMMUNICATION  FROM  THE  SECRETARY  OF  WAR. 


CoNFEUERATK    StaTES    OF    AmERICA,  i 

War  Department,  > 

Richmond,  Va.,  Feb.  2(»,  1863.      ) 
His  Excellency,  The  President  : 

Sir  :  I  have  the  honor  to  enclose  a  report  fx'om  the  Commissioner 
of  Indian  affairs  in  response  to  a  resolution  of  the  House  of  Represen- 
tatives. 

Very  respectfully. 

Your  o^dient  servant, 

JAMES  A.  SEDDON. 

Secretary  of  War. 


COMMrXK^ATlUN   FROM  S.  S.  SCOTT,  COMMISSIONER  OF 
INDIAN  AFFAIRS. 


CoNKKDKRATK    StaTKS    OF     AmkRICA,  1 

War  Depart mfnt.  Office  of  Indian  A  (fairs,       > 
Iliclnuond,  Va.,  Feb.  18,  lSfJ3.  ) 

Hon.  Jamks  a.  Seddon, 

Secretary  of  ]Var  : 

SiK :  I'be  following  resolution  of  the  House  of  Representatives 
was  transmitted,  "  for  attention  and  proper  action,"  to  this  office  on 
the  12th  instant: 

'*  Resolved,  That  tlie  President  be  requested  to  inform  this  House 
what  sum  or  sums  of  money  have  been  vested  or  funded  for  the 
Cherokee  Indians,  east  of  the  Mississippi  river,  out  of  the  removal 
and  subsis^tence  fund,  under  the  treaty  of  the  New  Echota  of  1835-36, 
by  the  United  States ;  when  the  same  was  funded  ;  when  the  interest 
was  last  paid;  what  le.i^islation  has  been  heretofore  enacted  by  the 
United  States,  and  what  legislation  is  now  necessary  to  carry  into 
effect  the  late  treaty  stipulations  with  said  tribe." 

In  response  to  the  demands  of  the  House  of  Representatives  as  set 
forth  in  tlie  foregoing  resolution,  I  have  the  honor  to  state,  that  the 
treaty  of  New  Echota,  to  which  reference  is  therein  made,  was  entered 
into  with  the  Cherokee  Indians  by  the  I'nited  States,  for  the  purpose 
of  inducing  the  former  to  remove  to  lands  set  apart  for  them  west  of 
the  Mississippi  river,  etc.,  and  the  8th  section  reads  as  follows: 

"The  United  States  also  agr^and  stipulate  to  remove  the  Chcro- 
kees  to  their  new  homes,  and  to  subsist  thorn  one  year  after  their 
arrival  there.  *  *  *  *  Such  persons  and  families,  as  in  the 
opinion  of  the  emigrant  agent,  are  capable  of  removing  and  sub- 
sisting themselves,  shall  be  permitted  to  do  so;  and  they  shall  be 
allowed  in  full  for  all  claims  for  the  same  twenty  dollars  for  each  mem- 
ber of  their  fiimily,  and  in  lieu  of  their  one  year's  rations,  they  shall 
be  paid  the  sum  of  fifty-three  Collars  and  thirty-three  cmls,  if  they 
prefer  it.  Such  Cherokees,  also,  as  reside  at  present  out  of  tlie  na- 
tion, and  shall  remove  with  them  in  two  years  west  of  the  Mississippi, 
shall  be  entipcd  to  allowance  for  removal  and  subsistence  as  above 
provided." 

From  this  chiuse  of  the  treaty  it  will  be  perceived  that  this  sum  of 
$53  33  was  only  granted  to  those  Cherokees  who  removed  west  of 


the  Missii^sippi  within  two  years  from  the  date  of  its  ratification;  but 
by  the  fourth  section  of  the  act  of  July  29th,  1848,  interest  at  6  per 
cent,  on  a  like  amount  was  allowed  to  every  member  of  the  nation 
who  were  in  North  Carolina  at  the  time  of  the  said  ratification,  and 
had  not  since  removed  west,  or  received  commutation  for  removal  and 
subsistence. 

The  section  referred  to  provides  "  That  the  Secretary  of  War  cause 
to  be  ascertained  the  number  and  names  of  such  individuals  and  fami- 
lies, including  each  member  of  every  family  of  the  Cherokee  Nation 
of  Indians,  that  remained  in  the  State  of  North  Carolina  at  the  time 
of  the  ratification  of  the  treaty  of  New  Echota,  May  twenty-three, 
eiglitocn  hundred  and  thirty-six,  and  who  have  not  removed  west  of 
the  Mississippi,  or  received  the  commutation  for  removal  and  subsis- 
tence, and  report  the  same  to  Secretary  of  the  Treasury  ;  whereupon 
the  Secretary  of  the  Treasury  shall  set  apart  out  )f  any  moneys  in 
the  Treasury,  not  otherwise  appropriated,  a  sum  equal  to  ffty-three 
dollars  and  thirty-three  cents  for  each  individual  ascertained  as  afore- 
said, and  that  he  cause  to  be  pall  to  every  such  incjividual,  or  his  or 
her  legal  representative,  interest  at  the  rate  o^  six  per  c(nt.\)er  annum 
on  such  per  cii pita,  from  the  said  twenty-third  day  of  May,  eighteen 
hundred  and  thirty-six,  to  the  time  of  the  passage  of  this  act.  and  • 
continue  annually  therrafrir  said  payment  of  interest  at  the  rate 
aforesaid." 

No  further  legislation  was  had  by  the  United  States  with  regard  to 
this  fund  until  March  '3rd,  1855.  when  to  get  rid  of  the  trouble  of 
paying  the  interest  upon  it  annually,  an  appropriation  was  made  with 
the  view  of  havjng  the  claim  settled. 

By  the  third  section  of  this  law  of  March  3rd.  1S55,  it  is  enacted: 
"  That  the  Secretary  of  the  Interior  is  hereby  authorized  and  required 
to  cause  to  be  paid  to  the  North  Carolina  Cherokees  embraced  in  the 
roll  of  John  C.  Mullay,  or  the  legal  representatives  of  such  of  them 
as  had  died  since  their  enrolment,  the  sum  of  fifty-three  dollars  and 
thirty-three  cents,  respectively,  for  the  expenses  of  their  removal  and 
subsistence,  now  held  in  trust  by  the  United  States,  according  to  the 
terms  of  the  fourth  section  of  the  Act  of  twenty-ninth  July,  Anno 
Domoni,  eighteen  hundred  and  foj^y-eight,  for  which  purpose  there 
li  hereby  appropriated  the  sum  oi  forty-two  thousand  two  hundred 
and  ninety  dollars  and  sixty  nine  cents:  Provided,  That  each  and 
every  Indian  so  receiving  such  payment  in  full,  shall  give  his  assent 
theieto  :  And  provided  further,  That  said  Secretary  shall  be  first  satis- 
fied that  the  State  of  North  Carolina  has,  before  such  paymc>.t,  by  some 
appropriate  act,  agreed  that  said  Cherokees  may  remain  permanently 
in  that  State,  any  thing  in  the  treaty  of  eighteen  thirty-five,  six.  to  the 
contrary,  notwithstanding.' 

The  debt  was  not  extinguished,  as  wiis  hereby  intended,  the  State 
of  North  Carolina  having  refused  to  pass  the  "appropriate  act"  re- 
quired in  the  foregoing  proviso;  and  the  United  States  continued  for 
some  time  thereafter  regularly  to  pay  the  interest   upo'n  it. 

I  have  on  file  in  my  oflicc  a  paper,  which  purports  to  Itc  a  copy  of  a 
roll  of  these  North  Carolina  Cherokees,  prepared  under  the  direction  of 


d 


the  I'nited  States.  lt>  cuiiectness  is  certified  to  by  Juuies  W.  Ter- 
rcll.  of  Qualla  Town.  North  Carolinji,  formerly  United  states  a^ent. 
fur  the  paynii-iit  of  interest  upon  this  removal  and  subsistence  fund. 

By  this  roll  it  appears  there  Avcre  fifteen  hundred  an<l  seventeen  In- 
dians, -who  were  entitled  to  this  interest  under  the  act  of  July  29th, 
1818.  Since  the  passage  of  that  actj-liowever,  five,  it  is  stated,  have 
removed  West,  and  drawn  commutation  for  removal  and  subsistence, 
which  they  had  the  privelege  of  doing  under  the  5th  section  of  said  act. 

According  to  this  showing,  the  amount  of  interest  due  these  Indians 
by  the  United  States,  each  year,  was  i.-;  t,<S38.()I). 

For  what  year  the  last  payment  of  this  interest  was  made,  it  is  im- 
possible to  determine  satisfactorily,  from  any  information  at  present 
Mithin  the  reach  of  this  office.  l*rivate  letters  in  ^ny  possession  in- 
dicate the  year   185J). 

It  is.  however,  certain  that  no  part  of  the  interest,  which  accrued 
subsequent  to  Janunry  \st,  18G1,  was  ever  paid;  and  if  any.  action  on 
this  subject  should  be  deemed  advisable  by  Congress,  1  would  respect- 
fuUv  suggest  that  it  be  based  upon  the  supposition  of  that  day  being 
the  time,  to  which  the  last  payment  was  made. 

There  is  no  evidence  of  the  investment  of  this  remov:il  and  subsis- 
tence fund  by  the. United  States. 

I  have  the  honor  to  be. 

Very  respectfully. 

Your  obedient  servant, 

S.  S.  SCOTT, 
Commit i(-ni'r,  ifr. 


penmaliFe* 

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